EMERGING ISSUES POLICY SERIES ISSUE NO. 3 RUNNING AWAY: FINDING SOLUTIONS THAT WORK FOR YOUTH AND THEIR COMMUNITIES DEFINING THE PROBLEM What is the SOS Project? The CJJ “Safety, Opportunity & Success Each year, thousands of children enter the (SOS): Standards of Care for Non- juvenile justice system because they have run Delinquent Youth Project” (“SOS Project”) away from home, behavior that is considered a engages multiple stakeholders to guide states in implementing strategies that divert 1 status offense in many states. In 2010 alone, non-delinquent youth from juvenile courts nearly 14,800 boys and girls, most of whom and locked confinement to connect them to family- and community-based systems were teenagers, were referred to the courts of care that can more effectively meet because they fled their residence.2 They their needs. accounted for roughly 11 percent of the 137,000 Why is it Needed? status offense cases that were brought before the Since 1974, the Deinstitutionalization of Status Offenders (DSO) core requirement courts that year.3 of the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) has Runaway cases often involve complex social prohibited the incarceration of youth charged with status offenses. Research issues and require the judiciary to make difficult reveals that placing youth who commit decisions about a young person’s future. status offenses in locked detention facilities jeopardizes their safety and well-being, Frequently, for example, a young person’s flight and may actually increase their likelihood is the result of physical or sexual abuse that in of committing unlawful acts. Since 1984, however, the Valid Court Order (VCO) their home.4 Once away from home, they face a exception to the DSO core requirement new set of challenges. In 2013, for example, one has allowed detention of adjudicated in seven runaway youth reported to the status offenders if they violate a direct order from the court. Almost half of the U.S. National Center for Missing and Exploited states and territories prohibit use of the Children that they may have been a victim of VCO exception in statute or do not actively use the exception. Still, each year sex trafficking.5 Anecdotal reports show that the VCO exception contributes to the issues such as these may give judges pause locked detention of thousands of non- delinquent youth. about returning children to the communities develop better responses. As part of this effort, a from which they fled.6 growing number of community collaborations across the country are helping to ensure that In fact, the complexities of their situations may children who have run away are not detained. cause young people who run away from home to be detained at higher rates than other status WHO ARE THESE YOUNG PEOPLE? offenders. The Office of Juvenile Justice and OJJDP defines running away from home as any Delinquency Prevention (OJJDP) reported that instance in which a young person leaves the in 2010, youth who ran away from home custody and home of their parent or guardian accounted for 16 percent of the youth who were without their permission, and fails to return placed in detention centers for status offenses, within a “reasonable length of time.”11 This and that children who ran away were more includes situations in which a young person likely to be put in out-of-home placements post- leaves home without obtaining their parent or adjudication than any other group of young guardian’s permission and stays away overnight.12 7 people charged with a status offense. Detention It also includes situations in which a young person is not the answer, though. is away from home and chooses not to return when they were supposed to and subsequently Incarcerating children does not ensure that they stays gone overnight.13 are safer than they would be otherwise. While incarcerated, boys and girls frequently find Nationally, statistics show that a majority of themselves in overcrowded, understaffed children who are petitioned to the courts for these facilities – environments that can breed violence types of behaviors are girls between the ages of 13 and worsen their unmet needs for therapy and and 17.14 Running away from home is the only 8 other services. They may also be subjected to category of status offenses for which more girls assaults and other attacks from staff and fellow are charged than boys.15 9 youth. Research shows that nearly 20% of non- delinquent youth, such as runaways, are placed African American youth are also more likely to in living units with juveniles who have killed be referred to the courts for running away. 10 someone. African American young people are more than three times as likely as their white peers to be To properly address the needs of children who petitioned to the courts for running away from have run away, juvenile justice systems must home.16 2 | P a g e Among all children who are petitioned to the Trafficking and Runaways courts for running away, children who are Young people who become court- lesbian, gay, bisexual or transgender (LGBT) are involved after running away from home may also become victims of sex twice as likely to be incarcerated.17 Roughly 28 trafficking, although not all runaway percent of gay and bisexual boys are placed in youth become trafficking victims and not detention as compared with 12 percent of all trafficking victims have run away from home. While discussions about sex 18 straight boys. Meanwhile, 38 percent of lesbian trafficking frequently focus on victims and bisexual girls are placed in detention as who are brought to the United States from other countries and forced to work compared with 17 percent of straight girls.19 as prostitutes against their will, The Polaris Project reports that an estimated 244,000 American children are considered at risk Young people run away for a variety of reasons, for sexual exploitation and victimization. including parental rejection.20 A child may also Of these, 38,600 are boys and girls who leave home because they have been lured in to are living on the streets after either running away from home, or being 21 the sex industry, or because of abuse. forced out of their homes by their Studies show that sexual and/or physical abuse families. frequently exists in homes from which teens and One of the most frequent ways in which police become involved in cases where children decide to flee.22 Among children who teens and children are charged with a ran away as a whole, 21 percent reported that status offense for running away is when they were either physically or sexually abused the teen is spotted by police and suspected to be engaging in prostitution. in the year preceding their departure, or that At present, these young victims can, and they were afraid they would be abused upon often do, find themselves facing charges for either a status offense or prostitution. their return.23 COURT INVOLVEMENT As noted earlier, there are a many reasons why a The courts become involved in only a small young person might leave home. While some of fraction of instances in which children and teens these issues result in challenging decisions to have run away from home. Police sometimes which there are admittedly no easy answers, become involved when they are called to help research shows that placing low-risk youth - locate the child, or because the child was seen such as children charged with running away- in and suspected of engaging in some other type of juvenile detention facilities can have harmful behavior.24 When the courts do become effects. For example, young people who are involved, judges are faced with difficult choices. placed in detention centers are more likely to 3 | P a g e have deeper contact with the juvenile justice can develop and implement detention system in the future, a probability that continues alternative practices and programs to better to increase each time they are detained.25 serve youth who run away. Nonetheless, detention is presently permitted under the Juvenile Justice and Delinquency Alternative practices and programs may serve Prevention Act (JJDPA) if the young person’s youth who run away at three stages: (1) before behavior violates an existing valid court order. contact with the juvenile justice system (i.e., Such an order could be as simple as a prior prevention), (2) after contact with the juvenile verbal pronouncement from a judge telling the justice system but before referral to court (i.e., young person to remain in his or her home. If diversion), and (3) after referral to court (i.e., the young person subsequently runs away, they court-based interventions). Some practices and are in violation of the judge’s order and may, programs may be deployed at multiple stages. under existing federal law, be placed in a locked detention center. Many states have chosen, PREVENTION however, through law, policy or practice, to Community-based programs and initiatives may never place runaway youth in locked serve and prevent youth who run away from confinement, but instead to seek out alternatives having contact with the juvenile justice system to detention.26 (i.e., prevention). Some communities offer crisis intervention services such as youth respite care DETENTION ALTERNATIVES programs, shelters, and drop-in centers. When presented with the detention dilemma, Typically focused on safe family reunification, Judge Linda Tucci Teodosio27 of Summit respite care programs28 (e.g., Bridges Over County, Ohio reminds herself, “[k]eeping Troubled Waters in Boston, Massachusetts, children safe from conditions in the home is not Sasha Bruce Youthwork in Washington, DC and the purpose of detention.” Instead, Judge Tucci Huckleberry House in San Francisco, California) Teodosio focuses on “how to keep them in the and shelters provide youth temporary housing.